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<br />103. <br /> <br />OVERSIZE REIMBURSEMENT AGREEMENT FOR <br />UTILITY IMPROVEMENTS <br /> <br />This Agreement is made on October 24 , 2000 between the City of San <br />Marcos, a Texas municipal corporation (the "City"), and SDC Franklin Street Partners, L.P. (the <br />"Developer"). <br /> <br />RECITALS <br /> <br />1. The Subdivision Chapter of the San Marcos City Code provides for the installation of certain <br />public improvements associated with new subdivisions. This chapter also allows the City to require <br />a subdivision developer to install improvements that are oversized with respect to City minimum <br />standards or the needs of the subdivision, and provides for the allocation of the cost of the <br />improvements between the City and the developer. <br /> <br />2. The City desires to have the Developer make the following utility improvements (collectively <br />called the "Utility Improvements") in connection with the Developer's construction of the Bishop's <br />Crossing Subdivision (the "Subdivision"), to provide for current and future City utility needs: <br /> <br />Wastewater Lift Station Oversizing as described on the construction plans for the Subdivision <br /> <br />3. The Developer has provided the City with a signed copy of the bid tabulation sheet used by the <br />Developer for the construction of the Utility Improvements, in accordance with the requirements <br />of Chapter 110 of the San Marcos City Code. <br /> <br />4. The City and the Developer have agreed to allocate the cost of the Utility Improvements as <br />described in this Agreement. <br /> <br />AGREEMENT <br /> <br />The City and the Developer, in consideration of the mutual promises, covenants and agreements <br />set forth in this Agreement, agree and contract as follows: <br /> <br />1. The Developer agrees to construct the Utility Improvements as described on the construction <br />plans for the Subdivision approved by the City, in accordance with the City's construction standards <br />and specifications. <br /> <br />2. The Developer will act as project manager in the construction ofthe Utility Improvements. The <br />Developer will ensure that the construction is carried out under the direct supervision of a <br />professional engineer registered in the State of Texas. The Developer will ensure that all persons <br />engaged in construction activities on the site ofthe Utility Improvements are covered by workers' <br />compensation insurance coverage in accordance with all statutory requirements. <br /> <br />3. The City agrees to pay to the Developer $352,436.42, being the cost for the oversizing of the <br /> <br />C:\TEMP\OVERSIZE REIMB-BISHOP CROSSING.DCC <br />